FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mircela Nita,

 

                        Complainant

 

            against              Docket #FIC 93-299

 

State of Connecticut, Department of Environmental Protection,

 

                        Respondent                  March 23, 1994

 

            The above-captioned matter was heard as a contested case on January 14, 1994, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. Mr. James Palmer, the subject of the record at issue, is herein granted party status.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter of complaint filed with this Commission on November 4, 1993, the complainant alleged that the respondent violated the provisions of the FOI Act by failing to provide to her the home addresses of two former employees of the respondent.

 

            3.  At the hearing into this matter, the complainant withdrew that portion of her request concerning the home address of Mr. Clark.  Accordingly, the sole issue of this appeal concerns the home address of Mr. Palmer.

 

            4.  It is found that the complainant also requested Mr. Palmer's home address in a discovery motion currently pending in New Haven superior court for which no order has yet been entered.

 

            5.  It is found that the requested record is contained in a personnel or similar file within the meaning of 1-19(b)(2), G.S., which file is maintained by the respondent.

 

            6.  It is found that during the summer of 1989, Mr. Palmer served as a state park law enforcement official for the respondent.  He was also subsequently employed by the State of Connecticut as a corrections officer at the Enfield maximum security facility.

 

Docket #FIC 93-299                           Page 2

 

            7.  It is found that Mr. Palmer maintains an unlisted telephone number, wore a badge that did not include his first name, did not disclose his home address to other officers, and changed into civilian clothes prior to exiting work to make it more difficult for anyone who may have wanted to follow him to identify him as a law enforcement officer.

 

            8.  Mr. Palmer testified that he was concerned about the complainant having access to his home address based in part on an incident he witnessed during the summer of 1979 during which the complainant engaged in a confrontation with another officer.

 

            9.  It is found that the respondent notified Mr. Palmer of this recent request for Mr. Palmer's address pursuant to 1-20a(b), G.S., and although the respondent in fact encountered difficulty in its attempts to locate Mr. Palmer, he filed a written objection to disclosure of his home address in this case on the day of, but previous to, the hearing in this matter.

 

            10.  It is concluded that the respondent did not act outside the parameters of the FOI Act in taking the above-referenced steps pursuant to the complainant's request in this case.

 

            11.  The Commission in its discretion declines to order disclosure of Mr. Palmer's home address under the facts of this case.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  The complaint is hereby dismissed.

 

            2.  This Commission reminds the parties that the instant decision does not preclude the complainant from pursuing her motion for discovery still pending as described in paragraph 4 of the findings, above.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 23, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-299                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

Ms. Mircela Nita

43-57 149th Street

Flushing, NY  11355

 

State of Connecticut, Department of Environmental Protection

c/o Donna Hixon-Smith, Esq.

Assistant Attorney General

55 Elm Street, 2nd Floor

Hartford, CT 06106

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission